Lincoln Mercury Holding Co. v. Town of Orangetown

Appellate Division of the Supreme Court of New York

Lincoln Mercury Holding Co. v. Town of Orangetown

43 A.D.3d 1063, 841 N.Y.S.2d 464

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 18, 2007

StatusPublished

This text of 43 A.D.3d 1063 (Lincoln Mercury Holding Co. v. Town of Orangetown) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lincoln Mercury Holding Co. v. Town of Orangetown, 43 A.D.3d 1063, 841 N.Y.S.2d 464 (N.Y. Ct. App. 2007).

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Opinion

Proceeding pursuant to EDPL 207 to review a de[1064]*1064termination of the Town Board of the Town of Orangetown dated June 12, 2006, made after a public hearing, authorizing the condemnation of the petitioners’ property.

Adjudged that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed.

There is no merit to the petitioners’ contention that the brief synopsis of the determination and findings made by the Town Board of the Town of Orangetown with respect to the subject eminent domain proceeding, and the notice of the brief synopsis, failed to sufficiently identify the approximate location of the proposed public project as required by EDPL 204 (see Matter of Wechsler v New York State Dept. of Envtl. Conservation, 76 NY2d 923, 927 [1990]; Matter of C/S 12th Ave. LLC v City of New York, 32 AD3d 1, 8 [2006]).

The petitioners’ remaining contentions are without merit. Prudenti, P.J., Santucci, Covello and Garni, JJ., concur.

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Proceeding pursuant to EDPL 207 to review a de[1064]*1064termination of the Town Board of the Town of Orangetown dated June 12, 2006, made after a public hearing, authorizing the condemnation of the petitioners’ property.

Adjudged that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed.

There is no merit to the petitioners’ contention that the brief synopsis of the determination and findings made by the Town Board of the Town of Orangetown with respect to the subject eminent domain proceeding, and the notice of the brief synopsis, failed to sufficiently identify the approximate location of the proposed public project as required by EDPL 204 (see Matter of Wechsler v New York State Dept. of Envtl. Conservation, 76 NY2d 923, 927 [1990]; Matter of C/S 12th Ave. LLC v City of New York, 32 AD3d 1, 8 [2006]).

The petitioners’ remaining contentions are without merit. Prudenti, P.J., Santucci, Covello and Garni, JJ., concur.

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Bluebook (online)

43 A.D.3d 1063, 841 N.Y.S.2d 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-mercury-holding-co-v-town-of-orangetown-nyappdiv-2007.

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